The Utah Attorney General's Office is asking a judge to toss out a lawsuit filed against the Davis County School District seeking damages for a teen boy abused by a former teacher who has admitted to having sexual contact with three students.
In court papers filed last week, state attorneys say the district's status as a governmental entity makes it immune to claims based on any injury or harm the teen suffered from the actions of his onetime English teacher Brianne Altice.
"However traumatic this experience may have been for [the teen], the district is not liable for its impact," said court papers in Farmington's 2nd District Court.
The district has waived immunity in some negligence claims, however, it has not done so for cases which arise from allegations of assault and battery, the filing said.
The lawsuit is one of two personal injury lawsuits brought against the district by the families of teen boys who were victimized by Altice.
The victim was 16 at the time the abuse occurred and his name appears in court documents. However, The Salt Lake Tribune does not typically identify victims of sexual abuse.
Court papers filed on April 8 by attorneys for the boy and his parents allege the district and Davis High School were negligent in the hiring and retention of Altice, and also failed to adequately supervise her.
They also claim the boy and his parents suffered psychological injury from the abuse, including emotional and mental anguish. The lawsuit seeks a minimum of $300,000 in damages for court costs and counseling.
In court papers, state attorneys don't dispute that Altice's actions were harmful, offensive or illegal. However, any injuries the boy or his parents allege stem from the abuse, not the hiring or supervisory policies and practices of the district, state attorneys argue.
"As a result, the district and the high school are immune and the court should dismiss plaintiff's complaint against them," court papers say.
A similar petition for the dismissal of the second lawsuit had not been filed as of Tuesday. It raises similar negligence claims, but seeks some $674,000 in damages.
Altice, 35, pleaded guilty to three counts of second-degree felony forcible sexual abuse. She is being held in the Davis County jail. A sentencing hearing which had been set for May 28 has been delayed.
Documents filed in support of her plea agreement with Davis County prosecutors say Altice touched the genitals of three individuals from January to September of 2013.
Each of the three teen boys testified at separate preliminary hearings that they had sexual intercourse with the teacher.
jdobner@sltrib.com
Leah Hogsten | The Salt Lake Tribune Brianne Altice, 35, was taken into custody and ordered to stand trial in 2nd District Court after Judge John R. Morris refused to set bail, Thursday, January 15, 2015. Altice, is facing a total of 14 felony charges for allegedly having sexual relationships with three male students: five counts of first-degree felony rape, two counts of first-degree felony forcible sodomy, three counts of second-degree felony forcible sexual abuse, along with three counts of unlawful sexual activity with a minor and one count of dealing harmful material to a minor, all third-degree felonies.
Leah Hogsten | The Salt Lake Tribune Brianne Altice, 35, was taken into custody and ordered to stand trial in 2nd District Court after Judge John R. Morris refused to set bail, Thursday, January 15, 2015. Altice, is facing a total of 14 felony charges for allegedly having sexual relationships with three male students: five counts of first-degree felony rape, two counts of first-degree felony forcible sodomy, three counts of second-degree felony forcible sexual abuse, along with three counts of unlawful sexual activity with a minor and one count of dealing harmful material to a minor, all third-degree felonies.
Leah Hogsten | The Salt Lake Tribune Brianne Altice, 35, was taken into custody and ordered to stand trial in 2nd District Court after Judge John R. Morris refused to set bail, Thursday, January 15, 2015. Altice, is facing a total of 14 felony charges for allegedly having sexual relationships with three male students: five counts of first-degree felony rape, two counts of first-degree felony forcible sodomy, three counts of second-degree felony forcible sexual abuse, along with three counts of unlawful sexual activity with a minor and one count of dealing harmful material to a minor, all third-degree felonies.
Leah Hogsten | The Salt Lake Tribune Brianne Altice, 35, was taken into custody and ordered to stand trial in 2nd District Court after Judge John R. Morris refused to set bail, Thursday, January 15, 2015. Altice, is facing a total of 14 felony charges for allegedly having sexual relationships with three male students: five counts of first-degree felony rape, two counts of first-degree felony forcible sodomy, three counts of second-degree felony forcible sexual abuse, along with three counts of unlawful sexual activity with a minor and one count of dealing harmful material to a minor, all third-degree felonies.
Leah Hogsten | The Salt Lake Tribune Brianne Altice, 35, was taken into custody and ordered to stand trial in 2nd District Court after Judge John R. Morris refused to set bail, Thursday, January 15, 2015. Altice, is facing a total of 14 felony charges for allegedly having sexual relationships with three male students: five counts of first-degree felony rape, two counts of first-degree felony forcible sodomy, three counts of second-degree felony forcible sexual abuse, along with three counts of unlawful sexual activity with a minor and one count of dealing harmful material to a minor, all third-degree felonies.
Leah Hogsten | The Salt Lake Tribune Brianne Altice, 35, was taken into custody and ordered to stand trial in 2nd District Court after Judge John R. Morris refused to set bail, Thursday, January 15, 2015. Altice, is facing a total of 14 felony charges for allegedly having sexual relationships with three male students: five counts of first-degree felony rape, two counts of first-degree felony forcible sodomy, three counts of second-degree felony forcible sexual abuse, along with three counts of unlawful sexual activity with a minor and one count of dealing harmful material to a minor, all third-degree felonies.
Leah Hogsten | The Salt Lake Tribune Brianne Altice listens to the testimony of a teenager who gave details about his sexual relationship when he was 17-years old with Altice, his former Davis High School teacher during a preliminary hearing in Judge John R. Morris' 2nd District Court, Thursday January 15, 2015. According to charging documents, Altice allegedly had sexual contact with the 17-year-old boy between August and September of last year. Brianne Altice, was taken into custody and is headed to trial with 10 felony counts for alleged sexual relationships with three teens: five counts of first-degree felony rape, two counts of first-degree felony forcible sodomy and three counts of second-degree felony forcible sexual abuse in connection with allegedly having sex with the three male students.
Leah Hogsten | The Salt Lake Tribune Brianne Altice heads into the courtroom for a preliminary hearing in Judge John R. Morris' 2nd District Court, Thursday January 15, 2015. Altice, was taken into custody and is headed to trial with 10 felony counts for alleged sexual relationships with three teens: five counts of first-degree felony rape, two counts of first-degree felony forcible sodomy and three counts of second-degree felony forcible sexual abuse in connection with allegedly having sex with the three male students.
Leah Hogsten | The Salt Lake Tribune Brianne Altice heads into the courtroom with her attorney Ed Brass for a preliminary hearing in Judge John R. Morris' 2nd District Court, Thursday January 15, 2015. Altice, was taken into custody and is headed to trial with 10 felony counts for alleged sexual relationships with three teens: five counts of first-degree felony rape, two counts of first-degree felony forcible sodomy and three counts of second-degree felony forcible sexual abuse in connection with allegedly having sex with the three male students.